DISCUSSION-Constitutional and Legal Underpinnings of Business Law+ REPLY TO EDWARD + QUENTION
Review the Constitution in Appendix A and choose one of the following sections of the U.S. Constitution or a specified amendment to use as the basis for your initial response:
Any of Congress’s enumerated powers under Article I, Section 8
Identify the section of the Constitution or its amendment that you have chosen. Discuss how this section of the Constitution or its amendments both limit and protect business in general. Describe an example of how the section of the Constitution or its amendment that you have chosen could be applied to your professional life (past, present, or future). In your example, discuss whether the section of the Constitution you have chosen to address limits business or protects it.
Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner. Some ways to do this include the following, though you may choose a different approach, providing your response is substantive:
Review the initial posts made by your peers, and note whether the responses relied upon a different section of the Constitution or amendment than your response.
If your peer chose to focus on a different section of the Constitution or amendment than you did, discuss how that section of the Constitution relates to any example of a business situation from your professional life (past, present, or future).
If your peer chose to focus on the same section of the Constitution or amendment that you did, then compare and contrast the different applications of that section of the amendment to your respective examples from your own professional lives.
Suggest analytical differences that could lead to different outcomes. Point out ways in which the Constitution or its amendments might limit or protect business that your peer did not already identify.
REPLY TO EDWARD:
Under the enumerated powers under Article 1, Section 8, creating post offices and roads was put in place many years ago to allow individuals to communicate with each other because they had no telephones or radios. Not to mention that they were hardly any post offices in the late 1700’s and they were far away from each other, which is why congress established roads and more post offices on where mail was to be delivered. The postal clause protects businesses by way of not having confidential information shared with outsiders, which means the information that is used to send and receive documents can’t be shared or sold to other businesses. However, when it comes to delivering packages, congress gave post offices power to charge them for delivering and a company cannot contest the price.
The postal power protects me by way of not having to worry about mail carriers or workers opening my mail before I receive it because it is an invasion of privacy. “Law comprises rules of behavior that a government imposes on its people for the benefit of society as a whole. As such, it represents the governing body’s subjective views of what is best for that society” (Seaquist, 2012, p. 1.1). Anybody who steals mail or opens it will face a fine, criminal conviction and even go to jail. It also gives me the right to deliver and send documents almost anywhere in the world where postal grounds are established, which grants businesses the power to expand their profits; especially if they are in a foreign land or another part of the country.
Seaquist, G. (2012). Business law for managers. Retrieved from https://content.ashford.edu/ (Links to an external site.)
REPLY TO QUENTIN:
I have chosen to discuss the 1st Amendment of the U.S. Constitution, which states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (Seaquist, 2012, Appendix A). It is important to note that all speech is not technically free or protected. There are several ways that the amendment limits and protects in business. It limits business by addressing the fact that they cannot libel or slander anyone, defame, use obscene language to anyone and expect to be protected. The amendment enforces the rule that they cannot impose a certain religion on their employees. Protections include that of commercial speech that allows companies to advertising, public policy, and most things that affect humans such as global warming. Businesses have the opportunity to support political parties and candidates as this is known to be their way of speaking for who they are in favor of.
This amendment can be applied to my personal life by continuing to allow me to exercise my religion and not be hindered in that area. It also allows me to participate in those things that I am passionate about that involve peaceful protests and general freedom of speech. I feel that this would protect business. We all have the opportunity to speak on certain things that we are passionate about and not intentionally offend anyone. This should not affect business practices, however, some customers may not agree and fail to support the business if they find out the views are not the same.
Seaquist, G. (2012). Business law for managers [Electronic version]. Retrieved from https://content.ashford.edu/
ALSO WHEN QUOTING THE E-TEXTBOOK BECAUSE IT DOES NOT HAVE PAGE NUMBERS, YOUR IN-TEXT CITATIONS NEEDS TO INCLUDE THE AUTHORS LAST NAME, YEAR, SECTION NUMBER, SUBCHAPTER TITLE, AND THE PARAGRAPH NUMBER THE QUOTE IS FOUND IN ON THE EBOOK PAGE.
EX: (MOSSLER,2013, SECTION 2.6, “OTHER THEORETICAL APPROACHES,” PARA.6)